论侵权责任法上的利益保护—定稿介绍.docVIP

  论侵权责任法上的利益保护 The Protection Of The Interest In Tort Liability Law Wang, qian qian 年 月日 Abstract “Rights” has become the main law words today, people are more accustomed to considering and solving problems in terms of law, often ignoring the objective existence of the interests . Actually, Tort liability not only protects rights, but interest as well. In terms of the legislative purpose of measuring interest or improving legal system, correct understanding of the position of interest in the tort law can be helpful to the normal operation of the legal system and the tort law’s legislative and judicial operation. Based on the current judicial practice, \generalization\ phenomenon is common and the judge make up a great number of problems in interest measurement, It is urgent to show the status of interest in the tort liability law and improve the interest protecting mode. This paper focuses on the related concepts and the contents of interests. At the same time, it analyses the relationship between interests and rights. Comparing the foreign interest protecting mode to ours and considering the relevant cases, we can take some typical view about the mode and the interest’s status in the tort liability law. This paper has comparative analysis and empirical study. In the first part, It introduces the definition of the interests in the law, the relationships between the interests and the rights, and the classification of the interests In the Second part, it analysis the source of interest contradictions and the conflicts involving the interests’ characteristics. In the third part, it can be concluded from the research on the mode of the protection of interests in foreign countries that the advantages and the disadvantages of the foreign tort law in protecting the interests. In the forth part, it analyzes the main types of interests protected by the tort law in China, making comparative study about the protection mode of the interests between our country and